Rath v EUIPO – Portela and Ca (Diacor): ECFI 24 Jan 2017

ECJ (Judgment) EU trade mark – Opposition proceedings – Application for the EU word mark Diacor – Earlier national figurative mark Diacol PORTUGAL – Genuine use of the earlier mark – Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009) – Evidence in a language other than the language of the proceedings – Rule 22(4) of Regulation (EC) No 2868/95 (now Rule 22(6) of Regulation No 2868/95, as amended) – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009)

Citations:

ECLI:EU:T:2017:22, [2017] EUECJ T-258/08

Links:

Bailii

Jurisdiction:

European

Intellectual Property

Updated: 29 January 2022; Ref: scu.573737